JESSELL AT LARGE

NAB Needs To Get Spectrum Act Together

The FCC plan to reclaim a big block of broadcast spectrum is the most critical issue facing broadcasters in the past three decades. So it's perplexing that they chose this time to shut down MSTV, their longtime spectrum policy lobby, and to diss NAB's top tech exec. Those moves raise the stakes in NAB's hiring of a new EVP of technology. The right person keeps broadcasting in the game. The wrong person puts it on the same grim road as newspapers.

Yesterday, FCC Media Bureau Chief Bill Lake hosted a webinar for broadcasters to explain further the agency’s plan for encouraging marginal stations to give up spectrum and earn a share of the proceeds from the eventual auction of the spectrum to wireless broadband providers.

As the FCC has been doing since it first floated the so-called incentive auction idea in 2009, Lake reassured broadcasters that participation was strictly voluntary. At one point, he promised that in the post-auction repacking of the spectrum no station would be forced into the VHF band. That is reassuring, given that most stations consider VHF the electromagnetic equivalent of Tripoli right now.

Lake said the purpose of the online session — the first in a series — was to speak directly to broadcasters and to correct “wildly inaccurate” press accounts. (Tsk, tsk, all you other reporters.)

To some extent, Lake achieved his goal. With the help of his slides, he outlined the plan, answered many posted questions and promised answers to others. You began to see just how an incentive auction might work.

Of course, he couldn’t answer the biggest question: How much can I get for my station if I put it on the auction block? There are just way too many variables to get anywhere close to an answer to that this early in the process.

But despite Lake’s best efforts, the webinar reminded me of just how tricky this incentive auction business is. If you read our story about the considerable forces — from the White House to Silicon Valley — that have rallied around the plan, you know that this is going to happen.

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The tall task for broadcasters is to make the incentive auction work for them just as they did the digital transition. There is a best-case scenario under which marginal stations walk away with big checks and the remaining stations continue broadcasting with more power and greater reach. Getting to that scenario will not be easy.

And there are plenty of worst-case scenarios. The FCC keeps talking about a win-win. But if the broadcasters aren’t careful, the plan could turn into a lose-lose. Broadcasters could lose their spectrum and fair compensation for it.

I don’t think it is an exaggeration to say that this spectrum reallocation initiative is the most critical issue that broadcasting has had to face in the past three decades, my time on the beat.

So it’s perplexing why the powers that be in the broadcasting industry would choose this time to disrupt its spectrum policy team.

First they began a search for a new top tech executive for the NAB without, I’m led to understand, telling the old top tech executive, Lynn Claudy. Not exactly great for the morale of the Science and Technology Department that Claudy leads.

Then, they voted just last week to shut down the Association for Maximum Service Television, which for the past 54 years has dutifully defended the turf of full-power TV stations and, far more often than not, won the day.

The decision to shutter MSTV has the effect of casting off David Donovan, its president for the past 10 years who has deftly guided the industry through the DTV transition and the white spaces battles.

Neither the NAB nor MSTV board feels that it needs to explain these moves. Transparency is apparently not among their virtues these days. It might have been about money. It was costing the industry $2.5 million a year to keep MSTV going. Or, it simply might have been a desire of the dominant NAB to consolidate efforts so that broadcasting could have a stronger voice.

But it doesn’t much matter now.

What does matter is that the NAB put together a new team that can track developments closely and negotiate the deals on Capitol Hill and at the FCC that lead to the best-case scenario.

That starts with the hiring of that new tech exec. The right person keeps broadcasting in the game. The wrong person puts it on the same grim road as newspapers.

The winning candidate, as they say, is thoroughly knowledgeable about all the new digital media and brings ideas about how broadcasters can exploit them. This is something that the NAB has lacked for a long time. Right now, for instance, there is no concerted industry effort to exploit the new OTT platform. It’s inexcusable.

But he or she had also better understand spectrum policy or be smart enough the pick it up quickly — and not just because of the FCC spectrum plan. If there is one thing that the media world agrees upon today it is that the future belongs to wireless, in one form or another.

The good news is that NAB’s new technologist will be backed by Victor Tawil and Bruce Franca, MSTV’s two spectrum experts who will be joining NAB once MSTV is finally put to sleep. They not only know spectrum, but also know the people at the FCC who manage it.

Donovan will be missed. Nobody was better able to dissect complex FCC technical proposals and pinpoint where the troubles for broadcasters were. He was also able to form and articulate the substantive arguments. That still matters, even though the cynics say it’s all about money and politics.

That is not to say that Donovan was above politicking. He knows how Washington works. And, by all accounts, he still had stroke at the FCC where he began his career.

Look, you can spend two hours listening to an FCC official talking about the incentive auction, but you really won’t know what was said and what it means to you and your station until you have talked to Donovan or someone like him.

It’s my hope — and should be yours — that he soon reemerges in a role where he can continue to influence the spectrum debate and champion the broadcasting cause.


Harry A. Jessell is editor of TVNewsCheck. He can be contacted at 973-701-1067 or [email protected]. You can read his other columns here.


Comments (16)

Leave a Reply

bill schneider says:

March 11, 2011 at 3:41 pm

I hope you meant Bruce Franca

    Linda Stewart says:

    March 11, 2011 at 4:01 pm

    Absolutely. A slip of the pen.

Meagan Zickuhr says:

March 11, 2011 at 3:43 pm

FCC Incentive Auction Webinar – More Questions Than Answers!  

SpectrumEvolution.org (SEO) had the opportunity to participate in the first webinar on incentive auctions held today by the Federal Communications Commission (FCC). Although it is always beneficial to have the FCC reiterate their position on how incentive spectrum auctions could work, at the end of the webinar, we felt that more questions had been created than answered.

We observed that a significant number of the questions raised during the webinar were directed towards how Class A, Low Power and TV Translator stations would be treated in an auction proceeding. Unfortunately, other than hearing that Class A stations are being considered, it appears there is still no concrete plan to contend with LPTV stations in the auction, based on, “their legal status”.

Our concern continues to be that with Low Power television stations having the highest percentage of both minority and female ownership as well as often being the only stations in markets both large and small, which provide niche foreign language and religious programming, that a solution to allow these stations to be accommodated in any auction proceeding, is essential.

We applaud the FCC for taking the initiative to host this and the forthcoming webinars. SpectrumEvolution.org sincerely hopes they will use the opportunity they had today to hear from the Industry and to find more answers to the prevailing questions.

    Kathryn Miller says:

    March 11, 2011 at 3:49 pm

    LPTV stations (I am a minority and controlled one early licensee) were granted on the explicit condition that they accept interference from other licensees. So, Ms. Brown, your observations are orthogonal to the matter, since these stations have already explictly agreed (by using their grant) to accept interference from any future-granted facility. LPTV stations have been moving channels for decades due to this. So, this is simply a red herring — and I’m opposed to even the concept of the “National Broadbent Plan.”

    Stephanie Harrison says:

    March 11, 2011 at 5:12 pm

    Yes. LPTV is secondary to full power stations and subject to displacement. It’s happened to me in the past and we accepted the rules. However, the FCC is proposing to wipe away LPTV broadcasters and translators as secondary to the “wireless telecom industry”. This should concern ALL broadcasters and which should begin to protect the backs of its smaller brothers in the TV industry. Once wireless telecom and the new FCC madate squashes LPTV, the full broadcasters are next. The industry needs to protect all TV broadcasters right now under one big tent… Need your help on this issue Harry J!!

    Kathryn Miller says:

    March 12, 2011 at 1:10 pm

    this is exactly what the rules have said since 1980: lptvs are secondary TO ALL OTHER USES. You want to move the goal posts.

    Meagan Zickuhr says:

    March 12, 2011 at 2:22 pm

    Mr Wilkie…. you are 100% absolutely INCORRECT! When the rules were written, LPTV was secondary ONLY to another full power television station. Now the FCC is making LPTV and TV Translators secondary to anything they want it to be secondary to…. including the wireless guys when they win in an auction.

    64 RR 2d 1103, 3 FCC Rcd 1974, 1988 FCC LEXIS 680, FCC 88-64
    8. It is well established that the translator service is secondary to that of full-service television 8 and is not entitled to primary status over low power television.

    8. Secondary status “means that a translator or low power station creating harmful interference to a full-service station must cease operation if it is unable to change its channel or take other steps to correct the interference. Translators and low power stations also are secondary in the sense that they must give way to a full-service station proposing a mutually exclusive use of a frequency.” Low Power Television Service, 45 Fed. Reg. 69178, 69181 (October 17, 1980).

Ellen Samrock says:

March 11, 2011 at 4:26 pm

“If you read our story about the considerable forces – from the White House to Silicon Valley – that have rallied around the plan, you know that this is going to happen. The tall task for broadcasters is to make the incentive auction work for them just as they did the digital transition.” Very true words, Mr. Jessell. It’s inevitable. And the words “voluntary” and “incentive auctions” have so far only been applied to full power stations (although Class A’s may be included in the future according to Mr. Lake). If any service is to take the blunt force trauma of spectrum reallocation it will likely be LPTV and translators. And so it is particularly critical that owners of these services begin pushing the FCC now for incentives of their own instead of sticking their heads in the sand and thinking they won’t be channel sharing or be exiled to VHF. Something I believe the LPTV community should begin pushing for is mandatory cable carriage. A key reason why most low power stations are not financially viable is that they don’t have must-carry status except only in the rarest of circumstances. If these stations are forced to give up half their spectrum (9.7 mbps was the figure given in the webinar) and not allowed to develop the full 6 MHz to its greatest potential, then cable must-carry status is the least the FCC should do.

Gregg Palermo says:

March 11, 2011 at 4:34 pm

Remember when you bought a TV set and it came with an antenna (or two) in the box? Yeah, me, too, but it was a long while back, way before the penetration of over-the-air reception dipped to 8 percent of homes.

    David Siegler says:

    March 11, 2011 at 4:39 pm

    Where does that 8% number come from? Where I live it is closer to 20%.

    Peter Grewar says:

    March 11, 2011 at 6:12 pm

    It varies dramatically from market to market, with some markets as high as 30% for OTA, and others in the low single digits.

    mike tomasino says:

    March 12, 2011 at 5:10 pm

    And it depends on who you ask. Nielsen says Las Vegas at 8% OTA while Cox Communications has it at 20%. Who do you believe? Definitely not Rustbelt.

David Siegler says:

March 11, 2011 at 4:38 pm

“If there is one thing that the media world agrees upon today it is that the future belongs to wireless, in one form or another.” Unless I am missing something, television is wireless.

    Kathryn Miller says:

    March 12, 2011 at 1:12 pm

    but the rub is that for most actual viewers, it’s wired. So, now the wire wants to get rid of the wireless and says that it will save money?

    mike tomasino says:

    March 12, 2011 at 5:15 pm

    It would save the wired people customers. The only reason that cable penetration is as high as it is, is that there are a whole bunch of people who don’t realize that free OTA TV exists. The wired people are running scared, and for good reason.

LG Baines says:

March 11, 2011 at 7:07 pm

“The winning candidate, as they say, is thoroughly knowledgeable about all the new digital media and brings ideas about how broadcasters can exploit them.”

I think the NAB would benefit greatly from having a technologist who came from the mobile broadband industry. That’s from where the technology broadcasting needs for its evolution will come due to the mobile industry’s vastly greater investment in R&D. Related to spectrum, that person would bring insight regarding the validity of of the mobile industry’s spectrum arguments. It’s not an obvious choice; that’s the point.